How Long You Can Be Detained Before Charges Are Filed

Let’s look at an example of a case: Let’s say that you are a prime suspect in a case and the police decide that they’re going to arrest you. You may have seen in movies that characters will sometimes ask, “How long are you going to keep me?” or “Am I safe to go now?” Being arrested for a crime can lead to chaos and anxiety for a family, which is why there are time limits when it comes to these aspects. You have a right to speedy trial.

Being Held Before Charges: Speedy Trials

The Sixth Amendment to the U.S. Constitution actually gives you what is known as ‘the right to a speedy trial.’ This means that you, the defendant, must be tried for crimes within a reasonable amount of time. This means that, if you are kept for weeks without any charges being filed, something is probably wrong and you are being held against your will. Speedy trial, depending on the state, usually means that a decision will be made within 72 hours. This is done so that you don’t spend too much time in prison before your conviction, which will actually dictate how long you will be in prison.

If the time limit is met and the prosecutor assigned to your case does not bring any charges, then legally the police must let you go. If they do not, they have violated your rights and you must consult with an attorney about your case.

Your attorney may implement something known as the writ of habeas corpus, which is an order that forces a cop to bring you to court so that a judge can make a determination in your case. The judge will then find out if you are being held against your will, or why the holding has taken so long. Your freedom is important in any case, and we understand the many laws that dictate your case. We want to talk to you at the Law Office of Peter Blair if you believe your rights have been breached. Call us as soon as possible so we can get started on your case.